Sathishkumar vs State Represented By
2022 Latest Caselaw 5622 Mad

Citation : 2022 Latest Caselaw 5622 Mad
Judgement Date : 21 March, 2022

Madras High Court

Sathishkumar vs State Represented By on 21 March, 2022

                                                                                   Crl.A. No.187 of 2022



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 21.03.2022

                                                        CORAM:

                                  THE HONOURABLE MR.JUSTICE R.PONGIAPPAN

                                                  Crl.A. No.187 of 2022

                     Sathishkumar                                      ... Appellant/Accused

                                                            vs.

                     1.State represented by
                       Deputy Superintendent of Police,
                       Salem District.

                     2.The Inspector of Police,
                       Omalur Police Station,
                       Salem District.

                     3.Sennammal
                     (Crime No.809 of 2021)                               ...    Respondents

                     PRAYER: Criminal Appeal filed is filed under Section 14-A of Schedule
                     Caste and Schedule Tribes (Prevention of Atrocities), Act, praying to set
                     aside the order in Cr.M.P.No.88 of 2022 passed by the Principal Special
                     Court for exclusive trial cases under POCSO Act, Salem dated 15.02.2022
                     and enlarge the petitioner/accused on bail.
                                    For Appellant           : Ms.S.Premakumari
                                    For Respondents 1 & 2 : Mr.Leonard Arul Joseph Selvam
                                                            Government Advocate (Crl.Side)

                                    For Respondent-3        :     Mr.M.Prakash


                     1/8


https://www.mhc.tn.gov.in/judis
                                                                                 Crl.A. No.187 of 2022




                                                    JUDGMENT

Being dissatisfied with the order dated 15.02.2022 made in

Crl.M.P.No.88 of 2022, the appellant, who was the sole accused in Crime

No.809 of 2021 on the file of the Omalur Police Station, Salem, has

preferred this appeal and praying to enlarge him on bail.

2. The case of the prosecution is that on 02.11.2021, at the

instance of the defacto complainant, the respondent police registered a case

against the appellant in Crime No.809 of 2021 for the offence under Section

Girl Missing altered to 363, 366(a) of I.P.C. and Sections 5(l) r/w. 6 of

POCSO Act and Section 3(2)(v) and Section 3(2)(va) of SC/ST Act. Later,

on 27.11.2021, the victim girl has appeared before the respondent police

and on enquiry, she has stated that the appellant/accused and herself were in

love affair for more than a year and due to the same, on 04.10.2021, the

appellant/accused came into the house of the victim girl and taking

advantage of the fact that the victim girl was being alone in the house, has

committed penetrative sexual assault upon the victim girl and repeated the

https://www.mhc.tn.gov.in/judis Crl.A. No.187 of 2022

same for many times. Subsequently, the appellant/accused has enticed and

seduced the victim girl and thereby kidnapped her from her lawful

guardianship by using van, bearing Registration No.TN-54-T-9588 to

various places including other states. During such time also both the

appellant/accused and the victim girl indulged in sexual activities

repeatedly. Since, the victim girl is below the age of 18 years, the present

case has been registered against the appellant.

3. The learned counsel for the appellant would submit that the

appellant has not committed any offence as alleged by the prosecution and

he has been falsely implicated in this case. He would further submit that the

appellant is in incarceration from 27.11.2021 onwards and as of now, the

investigation has been completed and charge sheet has also been filed

before the trial Court. Hence, he prays for allowing this appeal and to

enlarge the appellant on bail.

4. The learned Government Advocate (Crl. Side) appearing for

the respondent/Police raised objection stating that the alleged offence

https://www.mhc.tn.gov.in/judis Crl.A. No.187 of 2022

committed by the appellant is heinous in nature. However, he admits that

investigation in this case has been completed and charge sheet has also been

filed before the trial Court.

5. The learned counsel appearing for the defacto complainant

raised objection stating that if this type of appellant is released on bail, he

may try to tamper the witnesses.

6. The submissions made by the learned counsel appearing on

either side are considered.

7. Since the process of investigation has been completed in this

case, further custody of the appellant is not necessary for completing the

investigation. Further, the alleged occurrence had happened with the

consent of the victim girl and the appellant is in the judicial custody from

27.11.2021 onwards. Further, it was reported that the appellant is not having

any such previous antecedents.

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8. Hence, taking note of all the above said aspects into

consideration, particularly, considering the period of incarceration, this

Court is inclined to grant bail to the appellant subject to certain conditions.

9. Accordingly, the appellant is ordered to be released on bail

subject to the following conditions;

(a) the appellant shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties, each for a like sum to the satisfaction of the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Salem.

(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(c) The appellant shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m. and on every hearings.

(d) the appellant shall not tamper with evidence or witness either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take

https://www.mhc.tn.gov.in/judis Crl.A. No.187 of 2022

appropriate action against the appellant in accordance with law as if the conditions have been imposed and the appellant released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];